Your complete jury within the trial of Bruce Lehrmann has been discharged after a juror was discovered to have introduced a analysis paper on sexual assaults into the jury room.
The ACT supreme courtroom convened on Thursday morning and heard that Lehrmann’s trial have to be aborted after a juror had carried out analysis exterior the courtroom, one thing jurors are routinely instructed to not do.
The courtroom heard the juror introduced in a analysis paper that tried to quantify the variety of false complaints and interrogate the explanations for making false complaints. The usage of the analysis paper was opposite to no less than 17 instructions from the trial choose to jurors telling them to not conduct their very own analysis or inquiries.
The paper was found by accident by a sheriff’s officer throughout routine tidying of the jury room. The sheriff’s officer bumped one of many juror’s plastic folders and seen the title web page of a analysis paper among the many papers.
The chief justice, Lucy McCallum, mentioned she had no alternative however to discharge one of many 12 jurors who’ve been deliberating since final week. She mentioned that meant she needed to discharge all of them.
“It has come to my consideration that certainly one of you, opposite to instructions, has undertaken analysis in relation to points within the case and that materials has entered the jury room that ought to not have,” she instructed the jury.
“I’ve heard a proof and it could be that no hurt has been accomplished, however that’s not a threat that I can take. Within the circumstances, I’ve discharged that juror and I’ve to discharge you all.”
A brand new trial date has been set down for February 2023.
Outdoors courtroom, Lehrmann’s barrister Steven Whybrow mentioned everybody was “disillusioned”. “Everyone seems to be disillusioned at what occurred however it could be inappropriate and irresponsible to say something presently,” he mentioned.
In a judgment explaining her choice, McCallum mentioned the juror had instructed the courtroom that the doc had not been used or relied upon by the jury in its deliberations.
“Within the circumstances, it’s applicable to treat that proof with some scepticism,” she mentioned.
“Throughout the course of the trial on my calculation, I will need to have given the jury no less than 17 instructions to not conduct analysis of their very own.”
McCallum mentioned that in New South Wales, such conduct might have warranted an offence. There was no such offence within the ACT, the courtroom heard.
“It’s past query that the conduct of the juror is similar to to abort the trial,” she mentioned.
“Each counsel for the prosecutor and the accused agreed with my choice in that respect. It ought to go with out saying that that is each an sudden and unlucky end result on this trial.”
The sheriff officer’s actions had been praised by McCallum. She mentioned the officer confirmed “braveness, integrity and good sense”. “The courtroom is lucky certainly to be so properly served,” the choose mentioned.
McCallum instructed the media it might report the result of this primary trial however then ought to “fall silent” to stop any prejudice to the second trial in 4 months’ time.
“I’d count on that after reporting the result of right now that reporting of the matter ought to fall silent in order that the accused can have a good trial and Ms Higgins can have respite from the extraordinary glare of the media that has been pervasive all through this trial,” she mentioned.
Lehrmann will stay on bail and should notify police of any plans to journey.
The jury had been deliberating since final Wednesday and earlier this week instructed the courtroom it had been “unable to succeed in a unanimous verdict”.
McCallum requested them to proceed making an attempt to succeed in a unanimous choice on Tuesday and the jury has been deliberating since. It had spent one other full day deliberating with out outcome and was as a result of return on Thursday to proceed its work.
Lehrmann is accused of raping Brittany Higgins within the early hours of 23 March 2019 in Parliament Home. He pleaded not responsible to 1 depend of sexual activity with out consent.